United States v. Ruben Ruiz-Rosales
UNITED STATES of America, Plaintiff-Appellee, v. Ruben RUIZ-ROSALES, Defendant-Appellant
- Area
- other
- Panel
- Jay S. Bybee (author), Alfred T. Goodwin, Morgan Christen
Analysis
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Opinion
FILED NOT FOR PUBLICATION APR 27 2015
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50267 Plaintiff - Appellee, D.C. No. 3:13-cr-01621-JM v. MEMORANDUM* RUBEN RUIZ-ROSALES, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding Submitted April 22, 2015** Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Ruben Ruiz-Rosales appeals from the district court’s judgment and challenges the 30-month sentence following his guilty plea conviction for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). In imposing the 30-month sentence, the district court correctly determined that California Health & Safety Code § 11351 is divisible within the meaning of Descamps v. United States, 133 S. Ct. 2276 (2013), and therefore subject to the modified categorical approach. See United States v. Torre-Jimenez, 771 F.3d 1163, 1167 (9th Cir. 2014) (holding section 11351 is divisible).
AFFIRMED.
2 14-50267